AIBE 2016 Previous Year Questions

All 100 questions from AIBE 2016 (All India Bar Examination). Questions are available free. Login to see official answers and detailed explanations.

Constitutional Law of India

Q1

State practice for the formation of customary rule includes 1. State actions 2. State claims

a.only 1
b.only 2
c.both 1 and 2
d.neither 1 nor 2
Q16

Directive Principles are:

a.justifiable as fundamental rights
b.justifiable but not as fundamental rights
c.decorative portions of Indian Constitution
d.not justifiable, yet fundamental in the governance of the country
Q17

Who has the power to dissolve the Lok Sabha?

a.President
b.Prime Minister
c.Speaker of Lok Sabha
d.Council of Ministers
Q18

An amendment of the Constitution can be initiated by introduction of Bill for such purpose in:

a.Council of States
b.House of People
c.either in Council of States or House of People
d.none of the above
Q23

International law is a weak law because:

a.It is not enforceable as such, it is not a law but a positive morality
b.There is absence of compulsory dispute settlement mechanisms and independent system of sanctions
c.It only includes States as subjects
d.There is no dependable sources available
Q24

Which of the following territories have been declared as Common Heritage of Mankind Territories? (1) Moon (2) High seas (3) Deep sea bed (4) Antarctica

a.1, 2 and 4
b.1 and 3
c.2, 3 and 4
d.2 and 4
Q25

Which of the following is not the objective of the United Nations?

a.Maintenance of International peace and security
b.Ensuring respect for treaty obligations
c.Establishment of democratic governments throughout the world
d.Promotion of better standards of life
Q31

Which of the following is true in respect of a Government contract which does not conform to provisions of Article 299 of the Constitution?

a.They are not enforceable in court against the parties
b.They can be rectified by the Government
c.Both A and B
d.Neither A nor B
Q39

Which of the following are included in the concept of "State" under Article 12?

a.Railway Board and Electricity Board
b.Judiciary
c.University
d.All of the above
Q40

The word procedure established by law in Article 21 means:

a.that due process of law must be followed
b.a procedure laid down or enacted by a competent authority
c.the same thing as due process of law
d.a law which is reasonable, just and fair
Q74

In cases in which a specific act confers a discretionary power on an authority:

a.The court can direct the manner in which the power is exercised
b.The court can direct that the power be exercised in accordance with law
c.Both (a) and (b)
d.Neither (a) nor (b)

Cyber Law (IT Act)

Q2

The Controller of Certifying Authorities in India must maintain a database of the disclosure records of: 1. Certifying Authority 2. Cross Certifying Authority 3. Foreign Certifying Authority

a.1 and 2
b.2 and 3
c.3 and 1
d.1, 2 and 3
Q3

Under section 37 of the I T Act, 2000, the certifying authority can suspend the digital signature certificate if: 1. The subscriber is found guilty of malpractice 2. The subscriber is involved in cyber terrorism 3. The subscriber requests for the same 4. In public interest

a.1 and 2
b.2 and 3
c.3 and 4
d.4 and 1
Q4

In the cases before Cyber Appellate Tribunal, the appellant:

a.Cannot appear in person without a legal practitioner
b.Cannot authorize a legal practitioner to appear on his behalf
c.Cannot authorize his officer to appear on his behalf
d.Cannot authorize his relative who is neither his officer nor a legal practitioner to appear on his behalf
Q44

In India which of the following authorities has the power to block websites?

a.CERT-in
b.MCIIPC
c.C-DAC
d.Ministry of IT
Q54

Which among the following is authorized under the Information Technology Act, 2000 to prescribe the security procedures and practices for the purpose of Sections 14 and 15 of the Act?

a.Central Government
b.State Government
c.Certifying authority
d.Issuing authority

Bharatiya Nyaya Sanhita (BNS)

Q5

In the light of the Criminal Law Amendment Act, 2013, which of the following statement is/are correct?

a.The word "rape" in section 375 of Indian Penal Code, 1860 has been replaced with sexual assault
b.Rape is now a gender neutral offence
c.The amendment has fixed the age for consensual sex as 16 years
d.All the above
Q6

The offence of stalking upon second or subsequent conviction is:

a.Non cognizable and Bailable
b.Cognizable and Bailable
c.Cognizable and Non-bailable
d.Non cognizable and Non-bailable
Q7

In kidnapping, the consent of minor is:

a.wholly immaterial
b.partly immaterial
c.wholly material
d.partly material
Q26

The committee that led to the passing of the Criminal Law Amendment Act, 2013 was headed by:

a.Justice Dalveer Bhandari
b.Justice Altamas Kabir
c.Justice J.S. Verma
d.Justice J.S. Anand
Q45

The right to private defence is:

a.available under all circumstances
b.available when there is time to have the recourse to the protection of public authorities
c.available when there is no time to have recourse of public authorities
d.All the above
Q87

To establish Section 34:

a.Common intention must be proved but not overt act is required to be proved
b.Common intention and overt act both are required to be proved
c.Common intention need not be proved but only overt act is required to be proved
d.All of the above

Labour & Industrial Laws

Q8

Under the provisions of the Trade Unions Act, 1926, any person who has attained the age of . . . . . . may be a member of a registered Trade Union subject to any rules of the Trade Union to the contrary.

a.14 years
b.15 years
c.18 years
d.21 years
Q9

Spurious goods under the provisions of the Consumer Protection Act, 1986 imply:

a.Such goods and services which are of poor quality
b.Such goods and services which are claimed to be genuine but they are actually not so
c.Such goods and services which might be stolen in nature
d.Such goods and services which are not usable in nature
Q10

Who is liable to pay compensation in case of death or permanent disablement?

a.Owner of the vehicle
b.State Government
c.Driver
d.Insurance Company
Q28

The provisions of . . . . . . . . . . . . . do not apply to trade unions registered under the provisions of Trade Union Act, 1926.

a.The Co-operative Societies Act, 1912
b.The Companies Act, 1956
c.Both a and b
d.Neither a nor b
Q46

Which of the following can be considered retrenchment under the provisions of the Industrial Disputes Act, 1947?

a.Termination due to ill-health
b.Abandonment of job by an employee
c.Termination on account of reaching the age of superannuation
d.None of these
Q47

Which of the following statement holds true regarding imprisonment under the provisions of Section 14(3) of the Child Labour (Prohibition and Regulation) Act, 1986?

a.It may extend to one year
b.It may extend to two years
c.It may extend to six months
d.It may extend to one month
Q88

Under the provisions of the Industrial Disputes Act, 1947, the appropriate government may by order in writing:

a.Refer the dispute to a Board for promoting a settlement of the dispute
b.Refer any matter appearing to be relevant to the dispute to a court for inquiry
c.Both (a) and (b)
d.Neither (a) nor (b)
Q89

Which of the following statement is true for loss of confidence by management in the workman?

a.Even when dismissal or discharge is held to be wrongful, the court may not order reinstatement if the employer is able to establish that the workman held a position of trust and there was loss of confidence.
b.Loss of confidence may also be a ground for discharge simpliciter of the workman
c.Both (a) and (b)
d.Neither (a) nor (b)
Q90

Under the provisions of the Consumer Protection Act, 1986, the period of limitation for filing complaint before the National Commission is:

a.1 year from the date on which cause of action has arisen
b.2 years from the date on which cause of action has arisen
c.3 years from the date on which cause of action has arisen
d.4 years from the date on which cause of action has arisen

Bharatiya Sakshya Adhiniyam (BSA)

Q11

Indian Evidence Act applies to:

a.Proceedings before tribunals
b.Proceedings before the arbitrator
c.Judicial proceedings in court
d.All of the above
Q12

Fact in issue means:

a.Fact, existence or non-existence of which is admitted by the parties
b.Fact, existence or non-existence of which is disputed by the parties
c.Fact, existence or non-existence of which is not disputed by the parties
d.All the above
Q50

The question whether a statement was recorded in the course of investigation is a:

a.question of law
b.question of fact
c.mixed question of law and fact
d.question of law or of fact depends on facts and circumstances
Q57

Necessity rule as to admissibility of evidence is applicable when the maker of a statement:

a.is dead or has become incapable of giving evidence
b.is a person who can be found but his attendance cannot be procured without unreasonable delay or expenses
c.is a person who cannot be found
d.all of the above
Q58

Secondary evidence of a document means:

a.Copies of the document
b.Oral account of the contents of the documents
c.Both (a) and (b)
d.None of the above
Q59

A Will is required to be proved by calling at least one attesting witness:

a.when it is registered
b.when it is unregistered
c.when it is admitted
d.all of the above
Q60

Any person in Section 106 of the Evidence Act refers to:

a.a party to the suit
b.a stranger to the suit
c.a person who is not a party to the suit but interested in the outcome of the suit
d.all of the above
Q92

A retracted confession:

a.Can be solely made the basis of conviction
b.Cannot be solely made the basis of conviction
c.Cannot be solely made the basis of conviction unless the same is corroborated
d.Both (a) and (c) are correct
Q93

A confession to be inadmissible under Section 25 of the Evidence Act:

a.Must relate to the same crime for which offender is charged
b.May relate to the same crime for which offender is charged
c.Must relate to another crime
d.None of the above
Q94

An unjustified and unexplained long delay on the part of the investigating officer in recording the statement of a material witness would render the evidence of such witness:

a.Unreliable
b.Inadmissible
c.Inadmissible and unreliable
d.None of the above

Bharatiya Nagarik Suraksha Sanhita (BNSS)

Q13

In a bailable offence, bail is granted as a matter of right:

a.By the police officer
b.By the court
c.Both by the police officer and the court
d.Either (a) or (b)
Q49

A proclaimed person whose property has been attached can claim the property or the sale proceeds on appearance:

a.within 6 months of attachment
b.within 2 years of attachment
c.within 3 years of attachment
d.within 1 year of attachment
Q51

Where the police submits a final report under Section 173(2) of CrPC for dropping of proceedings to a magistrate, the Magistrate:

a.may accept the same
b.may reject the same
c.may reject the same and order further investigation
d.any of the above
Q52

The orders under Section 125 of CrPC are:

a.summary in nature but finally determine the rights and obligations of the parties
b.summary in nature and do not finally determine the rights and obligations of the parties which are to be finally determined by a civil court
c.substantive in nature and finally determine the rights and obligations of the parties
d.substantive in nature and are not subject to determination of a right of the parties by a civil court
Q61

In a cognizable case under IPC, police have the:

a.Authority to arrest a person without warrant
b.Authority to investigate the offence without permission of the Magistrate
c.Both (a) and (b)
d.Either (a) or (b)
Q62

During investigation a search can be conducted without warrant by:

a.Any police officer
b.By the investigating officer
c.Both (a) and (b)
d.Either (a) or (b)
Q63

Committal proceedings under Section 209 of CrPC are in the nature of:

a.Aid in investigation
b.Inquiry
c.Trial
d.Either inquiry or trial
Q95

Recording of pre-summoning evidence may be dispensed with under Section 200 of CrPC:

a.If the complaint is supported by the affidavit of the complainant
b.If the complaint is made in writing by a public servant in the discharge of his official duties
c.Both (a) and (b) are correct
d.Only (a) is correct but (b) is incorrect

Arbitration & ADR

Q14

The conciliation proceedings:

a.can be used as evidence in any judicial proceedings
b.can be used as evidence only in Arbitral proceedings
c.can be used as evidence only on the discretion of the judge or arbitrator
d.cannot be used as evidence in any judicial or arbitral proceedings
Q76

Which is an incorrect statement?

a.An arbitral award is a contract
b.An arbitral award must be in writing and signed
c.An arbitral award includes an interim award
d.None of the above
Q77

Which of the following statements hold true for adjudicatory bodies?

a.Doctrine of Stare Decisis applies to them
b.Doctrine of Res judicata does not apply to them
c.Inherent lack of jurisdiction in a tribunal cannot be cured or created by the act of the parties
d.None of the above
Q79

The present Arbitration and Conciliation Act of 1996 is based on:

a.Constitution of India
b.Supreme Court of India guidelines
c.European Commercial Arbitration Procedure
d.UNCITRAL
Q82

The provisions of the Arbitration and Conciliation Act of 1996 have to be interpreted being uninfluenced by the principles underlying the 1940 Act. This observation was laid down in:

a.M.M.T.C. Ltd. vs. Sterlite Industries (India) Ltd.
b.Sunderam Finance Ltd. v. V.N.E.P.C. Ltd.
c.Olympus Superstructures Pvt. Ltd. v. Meera Vijay
d.Orma Impex Pvt. Ltd. v. Nissari Pvt. Ltd.

Professional Ethics & Cases

Q15

The Serious Fraud Investigation Office (SFIO):

a.Takes up cases suo motto
b.Takes up cases for investigation on the basis of application made by the people concerned
c.Takes up cases for investigations referred to it by Central Government
d.All of the above
Q32

State Bar Council under the provisions of Section 35 of the Advocates Act, 1961 has the authority to:

a.Reprimand the advocate
b.Suspend the advocate from practice for such period of time as it may deem fit
c.Remove the name of the advocate from the state roll of advocates
d.All of these
Q33

Which of the following is untrue regarding qualification for a person to be admitted on the state rolls maintained by State Bar Councils?

a.The minimum age of requirement is 21 years
b.He must be an Indian Citizen
c.He must not have been convicted of an offence involving moral turpitude
d.They must not have been convicted of an offence under the provisions of the Untouchability (Offences) Act, 1958
Q36

How is the net worth of a foreign Company calculated for the purpose of Corporate Social Responsibility?

a.The net worth will be calculated as per section 198 of Companies Act, 2013
b.It shall be calculated as per section 197 of the Companies Act, 2013
c.It shall be calculated as per section 197 and section 381 of the Companies Act, 2013
d.It shall be calculated as per section 198 and section 381 of the Companies Act, 2013
Q38

Which of the following actions can be taken by a Registrar under Section 4(5) of the Companies Act, 2013?

a.He can direct the Company to change its name within a period of 6 months after passing an ordinary resolution
b.Take action for striking off the name of the Company from the register of Companies
c.Order winding up of the Company on his own accord
d.All of these
Q72

Which of the following Companies will have to constitute Corporate Social Responsibility Committee under the Companies Act, 2013?

a.A company having a net profit of 2.5 crores in a financial year, a net worth of 300 crores and a turnover of rupees 800 crore
b.A company having a net profit of 3 crores in a financial year, a net worth of 300 crores and a turnover of rupees 600 crore
c.A company having a net profit of 5 crores or more, a net worth of 500 crores and a turnover of rupees 1000 crore or more
d.A company having a net profit of 5 crores or more, a net worth of 500 crores and a turnover of rupees 5000 crore or more
Q75

The Bar Council of India Rule which stipulated that persons aged 45 years and above could not be enrolled as advocates was struck down by the Supreme Court in:

a.In E.S. Reddi v. Bar Council of India
b.Indian Council of Legal Aid and Advice v. Bar Council of India
c.P. Shanmugam v. Bar Council of India
d.Legal Committee v. Bar Council of India
Q78

The Supreme Court held in V.C. Rangadurai v. D. Gopalan that an advocate who has been disbarred or suspended must prove after a reasonable length of time that:

a.He appreciates the insignificance of his dereliction
b.He has lived a consistent life of poverty and integrity
c.He possesses good character necessary to guarantee uprightness and honour in his professional dealings
d.The burden is on the applicant to establish entitlement to resume the privilege of practice without restrictions
Q80

Who among the following is authorized to issue regulations regarding shelf prospectus?

a.SEBI
b.Central Government
c.Company Law Board
d.National Company Law Tribunal
Q83

Which of the following services cannot be provided to the Company by an auditor appointed under the provisions of the Companies Act, 2013?

a.Internal Audit
b.Actuarial Services
c.Managerial Services
d.All of these

Environmental Law

Q19

Which of the following is a function of Central Pollution Control Board under the provisions of Section 16 of the Air (Prevention and Control of Pollution) Act, 1981?

a.To carry out and sponsor investigation and research relating to problems of pollution and prevention, control or abatement of pollution
b.To improve the quality of air
c.Both A and B
d.Neither A nor B
Q20

The destruction of fish by use of explosive or by poisoning the water is prohibited by:

a.Indian Environment (Protection) Act, 1986
b.The Water (Prevention and Control of Pollution) Act, 1974
c.Indian Fisheries Act, 1897
d.The National Green Tribunal Act, 2010
Q81

Which of the following is not included in the definition of cattle as given under the Indian Forest Act, 1927?

a.Rams
b.Kids
c.Kitten
d.None of these
Q84

Under the Wild Life (Protection) Act, 1972, any person who teases an animal in a zoo may be punished:

a.With fine which may extend to 5000
b.With imprisonment which may extend up to 1 year
c.Both (a) and (b)
d.Neither (a) nor (b)
Q85

The entry on forests and protection of wild animals and birds was moved from _____ to the _____ by the 42nd Amendment to the Constitution of India:

a.Centre list to State list
b.Centre list to Concurrent list
c.State list to Concurrent list
d.State list to Union list

Code of Civil Procedure (CPC)

Q21

Section 10 of CPC does not apply:

a.when the previous suit is pending in the same court
b.when the previous suit is pending in a foreign court
c.when the previous suit is pending in any other court of India
d.when the previous suit is pending in a court outside India established by the Central Government
Q22

Principle of Res judicata is:

a.Mandatory
b.Directory
c.Discretionary
d.All of the above
Q41

Objection as to non-joinder or mis-joinder of parties under Order 1, Rule 13 of CPC:

a.Can be taken at any stage of the proceedings
b.Should be taken at the earliest possible opportunity or shall be invalid
c.Can be taken in appeal or revision for the first time
d.Either a or c
Q42

Objection as to the place of suing:

a.can only be taken before the court of first instance at the earliest possible opportunity
b.can also be taken before the appellate court for the first time
c.can also be taken before the court of revision for the first time
d.all of the above
Q43

On the retirement, removal or death of a next friend, under Order XXXII, Rule 10 of CPC, the suit is liable to be:

a.stayed
b.dismissed
c.rejected
d.either a, b or c
Q69

Where co-judgment debtors are in the position of joint promisors, each is:

a.Not jointly and severally liable to the decree holder
b.Jointly and severally liable to the decree holder
c.Jointly liable to the decree holder only
d.Severally liable to the decree holder only

Specific Relief Act

Q27

What is true of perpetual injunction?

a.It is a judicial process
b.Preventive in nature
c.The thing prevented is a wrongful act
d.All of the above
Q99

A suit under Section 6 of the Specific Relief Act can be brought by:

a.Trespasser
b.A tenant holding over
c.Servant
d.Manager
Q100

Injunction cannot be granted in a suit:

a.In which the specific performance cannot be enforced
b.For breach of negative contract to enforce specific contract
c.For declaration where the plaintiff is in possession
d.Neither (a), nor (b), nor (c)

Legal Maxims

Q29

According to Salmond every legal right:

a.Cannot be vested in a person
b.Is availed against a person upon whom lies the correlative duty
c.Cannot oblige the person bound to an act or omission in favour of the person entitled
d.Cannot have a title
Q30

The binding force of precedent is destroyed or weakened by:

a.Public opinion
b.Abrogated decision
c.Res judicata
d.Lis pendens
Q37

According to one of the theories of punishment, evil should be returned by evil. This theory is called the:

a.Reformative Theory
b.Preventive Theory
c.Retributive Theory
d.None of the above
Q86

Droit des Gens (Law of Nations) 1758 was written by:

a.Cornelius van Bynkershoek
b.Emerich de Vattel
c.Richard Zouch
d.Jean Bodin

Limitation Act

Q34

Time which has begun to run can be stopped in case of:

a.Minority
b.Insanity
c.Idiocy
d.None of the above
Q71

Section 5 of the Limitation Act applies to:

a.Suits
b.Execution
c.Election petitions
d.None of the above

Law of Contract

Q35

If an instrument may be construed either as promissory note or bill of exchange, it is:

a.a valid instrument
b.an ambiguous instrument
c.a returnable instrument
d.none of the above
Q53

A contingent contract based on the specified uncertain events not happening within a fixed time under Section 35:

a.remains valid even if the event does not happen within that fixed time
b.becomes void at the expiration of the time fixed
c.becomes void if the happening of that event becomes impossible before the expiry of time fixed
d.both b and c
Q64

Which is correct?

a.Proposal + Acceptance = Promise
b.Promise + Consideration = Agreement
c.Agreement + Enforceability = Contract
d.All of the above
Q65

Communication of acceptance is complete as against the proposer:

a.When it comes to the knowledge of the proposer
b.When it is put in course of transmission to him so as to be out of power of the acceptor
c.When the acceptance is communicated to the proposer
d.All of the above
Q66

In cases of general offer, for a valid contract:

a.The acceptor need not have the knowledge of the offer
b.The acceptor must have the knowledge of the offer before acceptance by performance
c.The acceptor may acquire the knowledge of the offer after the performance of the condition for acceptance
d.Knowledge does not matter so long as the condition is performed with or without knowledge
Q70

At sight under Section 21 of the Negotiable Instruments Act, 1881 means:

a.On presentation
b.On demand
c.On coming into vision
d.None of the above
Q96

Contract without consideration made in writing and registered and made on account of natural love and affection is:

a.Void
b.Reasonable
c.Valid
d.Unenforceable

Family Law I (Hindu Law)

Q48

Onus to prove reasonable excuse for withdrawal from the Society of the other is on:

a.Petitioner
b.Respondent
c.Both a and b
d.Either a or b
Q73

A disqualified person/heir:

a.Transmits an interest to his or her own heir
b.Transmits no interest to his or her own heir
c.May or may not transmit an interest to his or her own heir as per the discretion of the court
d.May only transmit an interest to his or her own heir with the consent of the other heirs

Law of Torts

Q55

The essential ingredient of the tort of negligence are - (1) When one owes a duty of care towards the other. (2) When one commits a breach of that duty and (3) The other person suffers damage as a consequence thereof - Choose correct response for below

a.None of them are essential ingredients
b.Only the first is an essential ingredient
c.All of them are essential ingredients
d.Even if the first is absent the tort of negligence is committed
Q56

Vicarious liability includes:

a.Liability of the principal for the tort of his agent
b.Liability of the master for the tort of his servant
c.Liability of the partners for each other's tort
d.All of the above
Q91

Grievous hurt under the Motor Vehicles Act, 1988 means:

a.Grievous hurt as defined in IPC
b.Grievous hurt as defined in medical laws
c.Grievous hurt as detected by medical practitioner
d.None of the above

TPA

Q67

Under the provision of the Transfer of Property Act, 1882, the unborn person acquires vested interest on transfer for his benefit:

a.Upon his birth
b.7 days after his birth
c.12 days after his birth
d.No such provision is made
Q68

Every transfer of immovable property made with intent to defeat or delay the creditors of the transferor shall be voidable:

a.At the option of creditor so defeated or delayed
b.At the option of debtor
c.At the option of court
d.None of the above
Q97

Under the Transfer of Property Act, 1882:

a.The salary of a public officer can be transferred
b.The salary of a public officer cannot be transferred
c.Public office can be transferred
d.None of the above
Q98

Where a debt is transferred for the purpose of securing an existing or future debt, the debt so transferred, if received by the transferor or recovered by the transferee, is applicable first in payment of cost of such recovery. This is the provision of:

a.Mortgaged debt
b.Gift
c.Actionable claim
d.Lease

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